Susquehanna County PA Archives Wills.....LATHROP, Benjamin December 13, 1859 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/pafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Susan Bingler SusanLB@aol.com September 12, 2005, 8:02 am Source: Fhl Microfilm 1287076 Written: December 13, 1859 Recorded: August 4, 1861 SUSQUEHANNA CO., PA PROBATE v. 2 p. 418-420 In the matter of the Probate of Will of Benjamin Lathrop decd And now to wit August 4th '86' was J. Turrell presented an Instrument of writing purporting to be the last Will and Testament of Benjamin Lathrop of Montrose in the county of Susquehanna for Probate and produced Charles F. Read and C. M Gert subscribin witnesses to said Instrument who being duly sworn accordig to law do say that they were present and did see and hear the said Benjamin Lathrop sign seal publish pronounce & declare the said Instrument of writing as and for his testament and last will, and that at the time of his so doing he was of sound disposing mind & memory to the best of their knowledge judgement and belief. Whereupon said Instrumentor paper writing is admitted to Probate as proven to be the last will and testament of Benjamin Lathrop late of said county and is in the words following to wit I BENJAMIN LATHROP of the Borough of Montrose in the county of Susquehanna and State of Pennsylvania being of sound mind, memory and understanding but considering the uncertainty of this transitory life do make and publish this my last Will and Testament in manner followin to wit FIRST If at my decease I shall be owing any debts I direct that the same and my funeral expenses shall be paid out the first funds which may come int the hands of my executors. Item - I give & bequeath to my beloved wife FANNY the sum of four hundred dollars to be paid to her in cash as soon the same can be realized without sacrifice or extrardinary trouble. Also I give and bequeath to my said wife such portion of my household goods and furniture as she select and choose for her own use and disposal absolutely. Item I do order and direct my said Executor to put & place the sum of Two thousand dollars as interest to be secured upon unimcumbered real estate and the interest thereof to be paid semiannually I give and bequeath to my said wife FANNY to be paid to her Semiannually by my Executors during the period of her natural life and at her decease I give & bequeath the said principal sum of Two Thousand Dollars to my six children hereinafter named, to be divied among them in the same manner & in like proportions as is hereinafter ordered and directed for the distribution among them of the residue of my estate. These bequeaths herein made to and for my said wife FANNY to be in lieu of her rights of Dower at common law otherwise and in lieu all of rights exceptins and claims to which she might be entitle under the laws of the commonwealth of Pennsylvania of every name & kind whatsoever I also give and devise to my wife FANNY the use of all such part & portion of my house & lot & appurtenances situate in Montrose on Turpike ---ect adjoing lot of R. B. LITTLE Easterly & J. M. CHAPMAN'S & the Episcopal Church lot westerly as she may choose and desire for her own occupancy during all the terms of her natural life. Subject to this foregoing provision of use & occupancy for my said wife and to the payment hereiafter stipulated and provided to be made by him, If shall so agree and accept. I give and devise my aforesaid house and lot (the said lot being number fifty seven (57) of allotment as laid down upon the town plot of the village of Montrose aforesaid with the appurtenances unto my son CHARLES D. LATHROP in form upon this further consideration nevertheless that he shall pay therefore the sum of thirteen hundred dollars to be distributed and paid by my executor to my children in the following manner to wit: to my son DAVID AVERY LATHROP, the som of one hundred dollars, to my daughter CLARISSA (wife of F.M. WILLIAMS) the sum of one hundred dollars, to my son AZUR LATHROP the sum of one hundred dollars,to my son DUDSON R. LATHROP the sum of five hundred dollars. To the trustees of my son FRANCIS hereinafter named and for his use & as hereinafter provided the sum of five hundred dollars. My siad son CHARLES D. in the meantime to have the possession, occupancy & control (being the lifetime of my wife aforesaid of all the portion of said premises & appurtenances not as aforesaid retained & occupied by her, the said CHARLES during said time to pay all taxes assessed upon said premises & keep the same in good repair at his own cosst & charges. The said thirteen hundred dollars to become due & payable at the decease of my wife FANNY. ITEM all the rest, residue & remainder of my estate real, personal or mixed of what kind or nature whatsoever the sum my be in the county of Susquehanna or elsewhere I direct shall be divided by my said executors into six equal parts or portions of which I hereby order and direct them to make the following distributions to wit: to my son DANIEL AVERY LATHROP I give and bequeath a sum equal to three fourth of one sixth aforesaid ~ to my daughter CLARISSA H. wife of F.M. WILLIAMS I give and bequeath a sum equal to one half of one sixth aforesaid~ to my son AZUR LATHROP I give an bequeath a sum equal to three fourth of one sixth aforesaid ~To my three sons CHARLES D. LATHROP, DUDSON R. LATHROP and FRANCIS J. LATHROP I give and bequeath a sum equal to four sixth aforesaid to be divided equally between them, share and share alike, provided however that the share of Francis J. shall be paid over to his trustees hereinafter named ~and I hereby expressly give and bequeath the sum of five hundred dollars hereinafter named to be paid by CHARLES D. LATHROP fhor the beiefit of FRANCIS J. and said Francis' share of the said four sixth above named and generally every share purport dividend leagacy interest and claim whatsoever to which my said son Francis J may or shall be entitle under this my will or otherwise howsoever from my estate & as one of my heirs, unto my son AZUR LATHROP & WILLIAM J. TURRELL interest for the use and benefit of my said son FRANCIS J. LATHROP, to be paid for him or to him or his use in such sum or sums whether of principal or interest and at such times as they in the exercise of their best judgment and discretion shall deem fit and proper and for his best interest~ and I hereby constitute and appoint my beloved wife FANNY and my fried QM J TURRELL to be the executors of this my Last will and Testament revoking all former wills by me made and declaring this & no other to be my last will and Testament In witness whereof I have hereunto set my hand and seal this thirteenth day of December A.D. one thousand eight hundred and fifty nine. Benj! Lathrop [seal] Signed sealed published & declared by the said Benjain Lathrop Testator as and for his last will & Testament in prescence of us & who in his presence & at his request and in the presence of each other have hereunto suscribed our names as witnesses the thirteenth day of December A. D. 1859 The words "by my Executors" on last line of first page & the word "Francis" on fourth page being first interlined before Execution C.F. Read C. M. Gere Fanny Lathrop William J Turrell, Exrs of WIll of Benjamin Lathhrop decd And now to wit August 22 A.D. 1861 Letters Testamentory were in due form of law granted to Fanny Lathrop and William J. Turrell executors named in the last Will and Testament of Benjamin Lathrop of Montrose Susquehanna County deceased upon all and singular the goods and chattels, rights and credits which were of the said deceased they having first been duly sworn according to law Oct 7th 1861 Filed Inventory ammounting to $6903.25 H.R. Newell register the widow Fanny Lathrop filed her acceptance under the will This file has been created by a form at http://www.genrecords.org/pafiles/ File size: 8.4 Kb